ABDUL JABBAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused No.1 in C.C. No. 172/2002, on the files of the Judicial First-Class Magistrate Court-I, Vadakara (for short, 'the trial court'). He, along with the accused No.2, faced trial for the offence punishable under Sec. 379 read with Sec. 34 of the IPC. However, when the case was posted to question the accused under Sec. 313 of Cr. P.C., the accused No.2 absconded. The case against him was split up and refiled as C.C.No.913/2004.

(2.) The prosecution case in short is that on 11/11/2001 at about 9.45 pm, while the defacto complainant and his wife were returning to their house after seeing a movie through Vadakara-Villyapalli public road, both the accused came in an autorickshaw and one of them in furtherance of their common intention, snatched MO1 and MO2 series gold ornaments worn by the wife of the defacto complainant and fled away in the same autorickshaw.

(3.) PW1 to PW11 were examined and Exts.P1 to P5 were marked on the side of the prosecution. MO1, MO2 and MO2(a) were identified. Ext.D1 series were marked on the side of the defence. After trial, the trial court found that the petitioner is guilty of the offence punishable under Sec. 379 read with Sec. 34 of the IPC, and he was convicted for the said offence. He was sentenced to undergo rigorous imprisonment for two years. The petitioner challenged the conviction and sentence of the trial court before the Sessions Court, Kozhikode (for short, 'the appellate court'), in Crl.A.No.11/2005. The appellate court dismissed the appeal. This revision petition has been filed challenging the judgments of the trial court as well as the appellate court.